06-0477 MENDEZ V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 06-0477 MENDEZ V. STATE

Case Date: 12/27/2006

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2006

JONATHAN MENDEZ, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 02-18148 CASE NO. 3D06-477

Opinion filed December 27, 2006. An Appeal from the Circuit Court for Miami-Dade County, Mark King Leban, Judge. Bennett H. Brummer, Public Defender, and Gwendolyn Powell Braswell, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, Richard L. Polin, Bureau Chief, and David R. Ruffner, Certified Legal Intern, for appellee.

Before RAMIREZ, SHEPHERD, and SUAREZ, JJ. ON CONFESSION OF ERROR PER CURIAM.

Defendant appeals three issues stemming from a jury verdict adjudicating defendant guilty of one count of battery on a law enforcement officer, one count of resisting an officer with The the

violence, and one count of first-degree criminal mischief. trial court orally entered a directed verdict, reducing

first-degree criminal mischief charge to second-degree criminal mischief. judgment. should be This change was not reflected in the written

As the State correctly concedes, the written judgment amended to reflect a conviction of second-degree

criminal mischief. DCA 1995).

See McPhee v. State, 657 So. 2d 70 (Fla. 3d

Accordingly, the case is remanded. In all other

respects, the decision below is affirmed.

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